When conduction divorce formalities, the husband holds a knife to kill a wife, is the husband suspec

[case] Tang Mou (male, 36 years old) with Li Mou (female, 32 years old) husband and wife of two people department concerns, on June 15, 2020 morning, when 2 people are dealing with divorce formalities, tang Mou holds knife general Li MouKill and wound, li MouDisable via 120 rescue death.

This is just happen in Sichuan together provincial a case of the river, because the case just happened, numerous details remains to investigate find out, because this looks from the bulletin of police, language is very precise, used in the bulletin " kill and wound " and did not use directly " kill " , use " disable via 120 rescue death " and did not use " die on the spot " . Such bulletin is scientific and rigorous, before the case investigates an end, when case fact has not make a thorough investigation of entirely, police is made first be helpful for a suspect concluding, avoid first impressions are strongest, reflected the law spirit that ensures human rights, praiseworthy. Look according to looking antecedent condition comes, below the case that reports without more details of a case, the husband in this case is suspected of intended homicide or harm a blame intentionally? Unknown, the following writer develops from the cognizance angle of intended crime discuss.

" criminal law " the 14th [intended crime] the result that knows perfectly well oneself behavior to be able to produce harm society, and hope or indulge happens this kind as a result, make crime consequently, hereat meaning commits a crime.

It is the content of responsibility intentionally, in break the law with have duty crime forms theory to fall, it is the understanding that makes important document element to breaking the law intentionally, have objective content intentionally namely to it corresponding, break the law form important document to have voluntary plan to control function.

Break the law form important document element to have, behavior, object, conviction the identity, result, nonexistent illegal block however the fact of main content. Should hold behavior person subjective for intended, be opposite such forming with respect to requirement behavior person important document element is known somewhat entirely, if among them certain element, go to humanness did not realise or realise far from possibly, exclude crime intended, or is error, or is accident. This forms the subjective compasses of important document to control function namely.

In this case, tang Mou holds a knife to go up to wife body disclose, the result that behavior may bring about Li Mou to get hurt or dies to oneself at least has clear knowledge, accordingly, in this case, the subjective responsibility that Tang Mou commits a crime intentionally is clear. In this case, cognizance Tang Mou is intended homicide or harm intentionally after all deadly, the key is pair of Tang Mou behavior maintain, behavior is to make important document element, all content that make important document element are objective, when judging Tang Mou behavior to violate a gender, do not answer connection of photograph of content of as subjective as its understanding, do not admit subjective illegal element namely, this is a result worthless talked point of view. Accordingly, we can make pure objective judgement to Tang Mou behavior only can, do not need to examine minutely Tang Mou is in small knife disclose to Li Mou when, it is to want to kill or want to harm Li Mou, I consider pair of any people, unless oneself did not want to live namely, affirmative meeting avoids the important and dwell on the trivial, make the reply that wants to harm Li Mou only, if investigate personnel to feel dissatisfactory, use deathblow tool obviously, attack the deadly position of the injured party, want how possibly to harm only, accordingly, with respect to the likelihood inquisition by torture extorts a confession, speak me to want to kill till the suspect a few words.

Specific this case, holding to a result worthless theory, break the law forming important document content is pure objective content, do not admit the subjective condition that violates element falls, can behavior be a guest watchs judgement can, need not examine minutely behavior person wants what to do after all, everything allows the site, let evidence talk, the cutting tool that uses according to Tang Mou then, disclose to the particular case that when place combines 120 rescue, dies, be a guest watchs judgement, in this case, crucial disclose hurts position, as to the accident of small knife, whether fruit knife or other and vital cutting tool, answer to be evaluated after disclose hurts position, can cite a case, a surgical doctor can kill a person with a needle, do not need small knife, contrary a person that never has killed an animal, to him one kills pig knife to also can not kill a person certainly, anyhow, the place that the cutting tool that should combine Tang Mou to use, Li Mou gets hurt and the specific fact thing that die when 120 rescue, will determine subjective content of Tang Mou.

" criminal law " the 232nd [intended homicide] intended bloodguilty, place capital punishment, life imprisonment or set term of imprisonment of 10 years of above; The plot is smaller, be in 3 years of above 10 years the following set term of imprisonment.

Intended homicide is the behavior of life of intended and illegal privative other, the law beneficial that this blame encroachs is the life of other. Intended homicide is the most serious crime in violating citizen person right, criminal law also set very heavy legal punishment.

According to criminal law the 232nd sets, intended bloodguilty, place capital punishment, life imprisonment or set term of imprisonment of 10 years of above; The plot is smaller, be in 3 years of above 10 years the following set term of imprisonment. Can see, what intended bloodguilty considers above all is place capital punishment, unless have other and legal or drink decide clue of light measurement of penalty, capital punishment is the first selection of intended homicide.

" criminal law " the 234th [harm a blame intentionally] harm other body intentionally, handle battle of 3 years of the following set term of imprisonments, arrest or control.

Blame of the money before making, send a person to be weighed, be in 3 years of above 10 years the following set term of imprisonment; Send what the person dies or send a person to weigh an injury to cause serious disability with particularly cruel method, be in set term of imprisonment of 10 years of above, life imprisonment or capital punishment. This law has a regulation additionally, according to regulation.

Intended harm blame is body of other of intended and illegal harm, send other to amount to the behavior of degree of flesh wound above, the law beneficial that this blame encroachs is the healthy advantageous position of other. Intended harm also is traditional crime, when send a person to be weighed or dying, also be criminal law medium felonious one of.

According to criminal law the 234th the 2nd fund second half paragraph regulation, send what the person dies or send a person to weigh an injury to cause serious disability with particularly cruel method, be in set term of imprisonment of 10 years of above, life imprisonment or capital punishment. Can see, harm the death that send a person intentionally, capital punishment is final consideration, accordingly, punishment of more intended homicide gets this blame gently much.

Epilogue: Current, the case still has no specific details, remain public security mechanism is investigated further, but but clear is, the Tang Mou in this case is suspected of intended homicide or harm a blame intentionally, have plot of the death that send a person. Cognizance Tang Mou is intended homicide or harm a blame intentionally after all, tremendous to difference of measurement of penalty, accordingly, should join case spot case, the position that hurts Li Mou from the cutting tool that Tang Mou uses, disclose and the particular case be a guest that die when 120 rescue watch judgement, tang Mou's affidavit is fluky, anybody is when look unfamiliar is dead, metropolis choice avoids the important and dwell on the trivial, hasten benefit avoids killing is the person's nature.